Rep. Shelly Willingham Legislative Lane Thursday July 2, 2020

LEGISLATIVE LANE – Thursday July 2, 2020

The Honorable Shelly Willingham

..At YOUR Service!…..

300 N Salisbury Street

Legislative Office Building

Suite 513

Raleigh, NC 27603

shelly.willingham@ncleg.net

(919) 715-3024 (O)

(919) 754-3224 (F)



DISTRICT 23

Edgecombe & Martin


Governor Cooper Signs these Bills into Law

Governor Cooper shared this statement on HB 1096:

“Expanding the Teaching Fellows program will get North Carolina’s brightest students committed to teaching in our state’s classrooms. We should  include HBCUs in the expansion to improve diversity at the front of the classroom, which research shows can improve student performance.”

Governor Cooper shared this statement on SB 818:

“I signed this bill because it funds step increases for teachers that have already been promised, but it falls outrageously short on raises we need to give teachers and all school personnel like bus drivers and cafeteria workers. The Legislature must make educator pay a top priority when they come back in September.” 

###


North Carolina Pauses in Safer At Home Phase 2, Adds Statewide Requirement for Face Coverings

Governor Roy Cooper and North Carolina Department of Health and Human Services Secretary Dr. Mandy Cohen announced last week that North Carolina will remain in Safer at Home Phase 2 for three more weeks. Cooper also announced that face coverings must be worn when people are in public places as officials seek to stabilize concerning trends of increasing viral spread. 

Growing evidence shows that cloth face coverings, when worn consistently, can decrease the spread of COVID-19, especially among people who are not yet showing symptoms of the virus.

Based on the metrics laid out in April, North Carolina is evaluating a combination of the data from the following categories that shows the indicators moving in the wrong direction, causing officials to pause in Phase 2. 

  • North Carolina’s syndromic surveillance trend for COVID-like illness is increasing.
  • North Carolina’s trajectory of lab-confirmed cases starting to level, but is still increasing.
  • North Carolina’s trajectory in percent of tests returning positive remains elevated. 
  • North Carolina’s trajectory of hospitalizations are increasing, though we have capacity in our healthcare system.

Businesses can download templates for signs on face coverings here.



Read Frequently Asked Questions about last week’s executive Order and mandatory face coverings. 


Legislators, Advocates Push for Needed Changes to NC’s Unemployment System

Long before the COVID-19 crisis, North Carolina had the worst unemployment system in the country for unemployed workers. Our system provided too little in compensation, for too short a period of time, to too few unemployed workers.

I am a strong supporter of House Bill 1075 to fix the unemployment system now so jobless workers can weather the current crisis and the next one. Federal pandemic assistance programs are set to expire at the end of July and December, leaving workers and businesses across our state with an inadequate system to stabilize the state’s economy through to a full recovery, particularly given the potential for a second wave of the virus in the fall.

House Bill 1075 would:

·        Lengthen the amount of time an unemployed worker could potentially receive compensation to 26 weeks (up from 13);

·        Increase the maximum potential weekly benefit to $450/week (up from a max of $350/week); and

·        Expand when a worker could receive unemployment such as when a spouse relocates for a job.

Democrats Propose Small Business Relief Grants to Businesses Closed Due to COVID-19

Last week House Democrats proposed a $50 million grant program to help small businesses like gyms forced to close due to COVID-19. Priority for the grants would be given to businesses with less than 100 employees and those who are not receiving federal small business assistance.

Republican leaders blocked consideration of the amendment, instead, putting in their own, similar amendment in a bill that is currently sitting in a legislative graveyard.

All of our businesses will continue to suffer until the public health situation improves and consumers grow confident enough to resume normal spending. Until then, we should stop partisan political games and provide our closed businesses with funding to help them survive.

Democrats Propose Requiring Agricultural Production Facilities to Better Protect Factor Workers as a Condition of Receiving COVID-19 Funding

North Carolina has more COVID-19 outbreaks at meat and poultry processing facilities than any other state. Despite voluntary guidance from the Centers for Disease Control and NC DHHS, more than 2,000 processing plant workers had tested positive for the virus by the end of May. These workers are disproportionately African-American and Hispanic, a major contributing factor as to the growing spread of the virus in these communities.

HB 1201 spends nearly $18 million to help small, independent meat processors to increase production. House Democrats put forward an amendment to require the processing plants to comply with safety guidance from federal and state health officials as a condition to receive funding. The amendment died on a tied vote with some Republicans joining Democrats in voting Yes.

After the amendment failed, a compromise amendment was adopted to require the grant recipients to submit to public health officials a plan detailing how they will protect employees from viral spread.


“Never be afraid to raise your voice for honesty and truth and compassion against injustice and lying and greed. If people all over the world…would do this, it would change the earth.”

— William Faulkner


STAY Home, Healthy and Hopeful!

PHASE II REMINDER: The virus is still circulating, and there’s no cure or vaccine yet, so people still need to be cautious. People should remember the 3 W’s when they leave home:

1.      Wear a face covering

2.     Wash your hands frequently for 20 seconds at a time

3.     Wait 6 feet apart from other people 

Source: NC Department of Health and Human Services (NCDHHS)

REMINDER TO COMPLETE CENSUS 2020


2020 House Committee Assignments

  • Alcoholic Beverage Control
  • Appropriations
  • Appropriations-Transportation
  • Congressional Redistricting
  • Disaster Relief
  • Economic Development & Global Engagement
  • Elections and Ethics Law
  • House Select Committee on COVID-19 (REMOTE ONLY with Public Access via http://www.ncleg.gov, Click Audio and Committee Room 1228 LB)



  • Insurance
  • Residential Planning and Permitting
  • Rules, Calendar and Operations of the House
  • State and Local Government

Rep. Shelly Willinghan Legislative Lane Friday June 26, 2020

LEGISLATIVE LANE – Friday June 26, 2020

The Honorable Shelly Willingham

..At YOUR Service!..

300 N Salisbury Street

Legislative Office Building

Suite 513

Raleigh, NC 27603

shelly.willingham@ncleg.net

(919) 715-3024 (O)

(919) 754-3224 (F)



DISTRICT 23

Edgecombe & Martin

 
 

State Investment in Water Rescue Equipment Pays off for Rocky Mount

ROCKY MOUNT: As floodwaters rose this week along the Tar River to levels not seen since Hurricanes Matthew and Florence, water rescue teams from the Rocky Mount Fire Department put some new state-provided equipment into action, rescuing people stranded in their homes and vehicles.

“We are grateful for our first responders who rescued people during these floods and brought them to safety,” said Governor Cooper. “Having the right equipment to do the job saves lives.”

More than $2 million in search and rescue funding was included in Governor Cooper’s 2019 budget and appropriated by the legislature. Last July, North Carolina Emergency Management distributed $1.4 million in new gear to water rescue teams across the state, including boats, motors, fuel tanks, life jackets, dry suits, paddles and maintenance supplies. 

The Rocky Mount Fire Department received two inflatable swift water rescue boats and motors valued at approximately $55,000. Rocky Mount Fire was one of 26 agencies that received new equipment last summer. 

“This investment in our local water rescue teams makes us stronger and more prepared as a state,” said Emergency Management Director Mike Sprayberry. “The Rocky Mount Fire Department was able to respond and assist its residents this week, and those of surrounding communities, without needing to wait for help from elsewhere.”

“The resources provided to our swiftwater team by the state of North Carolina have proven to be especially valuable over the past three days and have played a key role in the success of our team assisting our citizens,” said RMFD Battalion Chief of Operations and Swiftwater Emergency Rescue Team member Charles Bunn, III. “We are grateful for these resources that have allowed us to fulfill our mission of serving the City of Rocky Mount by protecting lives and property through quality and excellence in service.”

Using a combination of boats and high-clearance trucks, Rocky Mount firefighters were able to assist 92 people and four pets in evacuating 75 flooded homes. About 20 commercial buildings in town were also affected by floodwaters. The American Red Cross is assisting some of the flooded-out residents with temporary shelter.

###

Dialysis Patient Citizens (DPC) is dedicated to improving the quality of life for all ESRD (kidney failure) patients through education and advocacy. We are is a national, non-profit, patient-led organization located in Washington, DC with offices in Chicago, IL and Sacramento, CA.

Kidney failure patients are particularly vulnerable to viruses and infections, and the COVID-19 pandemic is significantly impacting their lives. As I shared with you in April, we are providing our members with critical information they need to safely navigate through the pandemic since kidney patients must continue to dialyze as a matter of life and death.

· The DPC Education Center website at https://www.dpcedcenter.org/ is dedicated to improving kidney patients’ quality of life and reducing the impact of ESRD through education and awareness of dialysis and kidney disease issues. While the website can be translated into multiple languages via Google Translation, we also offer a dedicated Spanish section (https://www.dpcedcenter.org/resources/spanish/) for those who prefer to read content in Spanish.

· The Kidney Citizen magazine provides timely information on a variety of topics. Distribution is via mail and electronically at https://www.dpcedcenter.org/news-events/the-kidney-citizen/ If you’d like to be added to the distribution list of this free publication, please reply to this email with your preferred mailing address.

As North Carolina focuses on the needs of vulnerable populations in light of COVID-19. Kidney failure is on the rise and disproportionately impacts communities of color that already experience many health disparities. Please keep ESRD patients in mind. They depend on state resources such as Medicaid, transportation services, chronic renal disease programs, access to Medigap coverage and increased access to living organ donation.

***SEE WEBINAR INFORMATION BELOW ***



Governor Cooper Signs 12 Bills, Vetoes One

Governor Roy Cooper signed the following bills into law:

· House Bill 158: Covid-19 New Driver Response

· House Bill 472: NCSU/ NC A&T Matching Funds/ Umstead Act

· House Bill 1208: Funding for Workforce Housing Loan Program

· House Bill 1136: Funds for NCSSM – Morganton Campus

· House Bill 1071: Funds to DPI for ADM Growth

· Senate Bill 379: Retirement System Admin. Changes

· Senate Bill 562: The Second Chance Act

Governor Cooper shared this statement on SB 562:

“We can give people who make amends for past mistakes the opportunity to clear their records. This bill offers that opportunity and a path to good jobs and a brighter future.” 



· Senate Bill 720: GSC Conforming Amends./ 2019 Land-Use Changes

· Senate Bill 729: GSC Modernize Partition Laws

· Senate Bill 801: Military Presence Stabilization Fund/ Funding

· Senate Bill 806: Capital Appropriation – Western Carolina Univ.

· Senate Bill 836: State Operations/ Increase Federal Funds Use

Governor Cooper also vetoed the following bill:

House Bill 594: Temp Open Gyms/ Health Clubs/ Fitness Ctrs

Governor Cooper shared this statement on HB 594:

“Tying the hands of public health officials in times of pandemic is dangerous, especially when case counts and hospitalizations are rising. State and local officials must be able to take swift action during the COVID-19 emergency to prevent a surge of patients from overwhelming hospitals and endangering the lives of North Carolinians. The bill could restrict leaders who need to respond quickly to outbreaks and protect public health and safety.”

###

“Watch your thoughts, they become words. Watch your words, they become your actions. Watch your actions, they become habits. Watch your habits, they become character. Watch your character, it becomes your destiny.”

— Frank Jackson

STAY Home, Healthy and Hopeful!

PHASE II REMINDER: The virus is still circulating, and there’s no cure or vaccine yet, so people still need to be cautious. People should remember the 3 W’s when they leave home:

1.      Wear a face covering

2.     Wash your hands frequently for 20 seconds at a time

3.     Wait 6 feet apart from other people

Source: NC Department of Health and Human Services (NCDHHS)

REMINDER TO COMPLETE CENSUS 2020

2020 House Committee Assignments

· Alcoholic Beverage Control

· Appropriations

· Appropriations-Transportation

· Congressional Redistricting

· Disaster Relief

· Economic Development & Global Engagement

· Elections and Ethics Law

· House Select Committee on COVID-19 (REMOTE ONLY with Public Access via www.ncleg.gov, Click Audio and Committee Room 1228 LB)



· Insurance

· Residential Planning and Permitting

· Rules, Calendar and Operations of the House

· State and Local Government

IT IS THE…

#Timeforwaitingisover
#Fearoftheshiftabsodamnlutely
#Sickandtiredofbeingsickandtired
#Blacklivesmatter #Iwatchedvideo
#Whereisthethreat
#
Icantbreathe8minutes46seconds
#Policebrutalitymurdertheytired

#1898WilmingtonRaceRiot
#1921TulsaBlackWallStreet
#Confederatemonumentstograveyard
#Tiredofsafenegroblackfolk
#Unstablepresident
#Iamnotok #Ibeenengagedbeforenow
#Coronavirusstayfocused #Stayhome

Curmilus Butch Dancy II 2020

Greetings from the North Carolina State Board of Education May 21, 2010 – Legislative Update

2010-06-13_08-28-59-218

Greetings from the North Carolina State Board of Education

May 21, 2010

The second week of the 2010 General  Assembly Session began with the Senate Education Appropriations subcommittee meeting to release their education budget.

The Senate budget reflected an additional 2.9 percent cut to Public Schools, Universities were allocated a .5 percent increase and Community Colleges were given a 5.0 percent increase. The Community College increase was primarily due to enrollment growth during the recession. Following approval by the Senate Education Appropriations subcommittee, the budget was presented to the full Senate on Wednesday (May 19). The budget passed its third reading on Thursday, May 20 and was sent to the House for consideration.  Governor Perdue had requested a bill to assist the State’s Race to the Top second round application which is due June 1. The House Education subcommittee met on Thursday and considered a Committee Substitute Bill for SB 704. The title of the bill is: “Reform Low-Performing Schools.” This statute would authorize the State Board of Education to approve a local board of education’s request to reform any school in its local school administrative unit identified by the State Board as a continually low-performing school. The State Board would have authority to authorize the local board to adopt one of four reform models: Transformation model, Restart model, Turnaround model or School closure model. (Please see Attachment 1, Committee Substitute Bill for SB 704 and the Bill Summary).

Following the consideration of the Committee Substitute Bill for SB 704, the House Education subcommittee met to review the Senate education budget and the House funding targets. The targets total $20.86 million less than the proposed Senate education budget. Representatives McLawhorn, Rapp and Glazier, Co-Chairs, invited the members of the subcommittee to review the Senate education budget and to give them any feedback and suggestions. The House Education subcommittee announced they expect to finalize the education portion of the House budget next Thursday, May 27. The full House is expected to finalize their budget by June 4th followed by three weeks of conferences and a final General Assembly budget by the end of the fiscal year (June 30).

There have been some membership changes to the various House and Senate Education Committees. I have attached an updated list. (Please see Attachment 2).

To date, there have been a total of 228 Senate and 258 House bills filed during the 2010 Legislative Session. The following are the bills pertinent to K-12 education:

HB 1753 School Bus Railroad Crossing Exception (Rep. Underhill)

An act to allow school buses and activity buses to cross certain railroad grade crossings

without first stopping.

HB 1756 (SB 1289) Update Statewide Nutrition Standards (Reps. Insko, Rapp,

Weiss, Yongue)

An Act directing the State Board of Education to update statewide nutrition standards for

food and beverages available in public elementary, middle, and high schools, as

recommended by the Legislative Task Force on Childhood Obesity.

HB 1757 (SB 1296) Physical Education and Activity in Schools (Reps. Insko, Bell,

Rapp, Yongue)

An Act to require public schools to use evidence-based fitness testing for students

statewide in grades K through 8, as recommended by the Legislative Task Force on

Childhood Obesity.

HB 1772 (SB 1264) Cherokee School Board Terms (Rep. West)

An Act to change the term of office for members of the Cherokee County Board of

Education elected in 2010 and thereafter from six years to four years.

HB 1774 (SB 1285) Eliminate Reduced Price School Meals/Funds (Rep. Yongue)

An Act to appropriate funds to the Department of Public Instruction to eliminate the cost

of reduced price lunches for school children who qualify for reduced price meals, as

recommended by the Legislative Task Force on Childhood Obesity.

HB 1775 (SB 1151) Supplemental Nutrition Assistance Program (Reps. Yongue,

Brown, Hughes, Insko)

An Act to direct the Division of Social Services of the Department of Health and Human

Services to examine ways to expand and enhance the Supplemental Nutrition Assistance

Program in North Carolina, as recommended by the Legislative Task Force on Childhood

Obesity.

HB 1777 (SB 1152) Study Child Nutrition Program (Reps. Yongue, Brown, Insko)

An act authorizing the Joint Legislative Program Evaluation Oversight Committee to

direct the Program Evaluation Division to study indirect costs under child nutrition

programs, as recommended by the Legislative Task Force on Childhood Obesity.

HB 1778 (SB 1256) Brevard Academy/Retirement Election (Rep. Guice)

An Act to authorize Brevard Academy, an existing charter school, to elect to participate

in the Teachers’ and State Employees’ Retirement System and the State Health Plan for

Teachers and State Employees.

3

HB 1781 (SB 1116) Study/Early Childhood Education and Care (Reps. Rapp,

Glazier, Insko)

An Act to establish the Joint Legislative Study Committee on the Consolidation of Early

Childhood Education and Care as recommended by the Task Force on the Consolidation

of Early Childhood Education and Care.

HB 1782 (SB 1117) Consolidated Report/Early Care & Education (Reps. Rapp,

Glazier, Insko)

An Act to provide for a consolidated annual report for various early care and education

programs as recommended by the Task Force on the Consolidation of Early Childhood

Education and Care.

HB 1783 (SB 1119) Consolidate Regulation/Early Care & Ed Provider (Reps. Rapp,

Glazier, Insko)

An Act providing for the consolidation of all regulatory functions regarding the

monitoring of private early care and education providers for compliance with the More

At Four Program as recommended by the Task Force on the Consolidation of Early

Childhood Education and Care.

HB 1784 (SB 1118) Consolidate Payments/Early Care & Ed Provider (Reps. Rapp,

Glazier, Insko)

An Act to provide for the consolidation of payments made by multiple public and private

agencies to early child care and education providers as recommended by the TaskForce

on the Consolidation of Early Childhood Education and Child Care.

HB 1815 (SB 1328) North Carolina Science Olympiad Funds (Reps. Glazier, Weiss,

Rapp, Yongue)

An Act to appropriate funds to expand the North Carolina Science Olympiad to all one

hundred counties.

HB 1826 (SB 1244) SBOE Members Ex Officio to Econ. Dev. Comm. (Reps. Yongue,

Braxton, Glazier) An Act to add State Board Of Education Members as nonvoting ex

officio members of the commission for each of the seven economic development regions,

as recommended by the Joint Legislative Joining Our Businesses and Schools (JOBS)

Study Commission.

HB 1827 (SB 1153) Legislative Task Force on Childhood Obesity (Reps. Yongue,

Brown, Hughes, Insko)

An Act to reestablish the Legislative Task Force on Childhood Obesity, as recommended

by the Legislative Task Force on Childhood Obesity.

HB 1832 (SB 1284) Farm to School Program/Funds (Reps. Fisher, McLawhorn,

Weiss, Yongue)

An Act to establish an employee position in the Department of Agriculture dedicated to

administration and operation of the Farm to School Program and to require the

department to report annually on the program, as recommended by the Legislative Task

Force on Childhood Obesity.

4

HB 1833 Teacher Assistant Salary Schedule (Rep. Adams)

An Act to establish a new salary schedule for noncertified personnel of the North

Carolina Public Schools.

HB 1837 (SB 1141) Task Force on Sports Injuries in Schools (Reps. Cotham, Fisher,

Glazier, Rapp)

An Act to establish the Legislative Task Force on Sports Injuries as recommended by the

Joint Legislative Education Oversight Committee.

HB 1841 Moore County School Board Police (Rep. Boles)

An Act to allow the Moore County Board of Education to maintain a campus police

agency.

HB 1843 (SB 1230) Second Tarheel Challenge Academy (Reps. Pierce, Bryant,

Current)

An Act to direct the Department Of Public Instruction to assist the National Guard in

establishing a second Tarheel Challenge Academy in Badin, as recommended by the

Joint Legislative Commission on Poverty Reduction and Economic Recovery.

HB 1848 (SB 1227) Lift Charter Cap/Lunch Requirements (Rep. Pierce)

An Act to raise the cap on the number of charter schools from 100 to 106; to give

preference to schools in certain low-wealth counties; to require new charter schools to

provide a free and reduced price lunch program; and to require each new charter school

to accept a minimum number of students eligible for the free and reduced price lunch

program, as recommended by the Joint Legislative Study Commission on Poverty

Reduction.

HB 1850 (SB 1228) Parenthood/Financial Education (Rep. Pierce)

An Act to require the inclusion of personal finance and parenthood training in North

Carolina’s middle-school curriculum, as recommended by the Joint Legislative Study

Commission on Poverty Reduction and Economic Recovery.

HB 1851 (SB 1213) Amend State Purchases & Contracts Laws (Reps. Cole,

Crawford)

An Act increasing the authority of the Secretary of Administration to provide oversight of

the review and award of contracts and to enhance the efficiency and effectiveness of the

contracts process, requiring all state agencies and institutions exempt from Article 3 of

Ciew and award of contracts, requiring the attorney general to review certain contracts,

and prohibiting the use of cost plus percentage of cost contracts, as recommended by the

Joint Legislative Program Evaluation Oversight Committee.

HB 1853 (SB 1251) State Health Plan/Treat Teachers Equitably (Reps. Glazier,

Cotham)

An Act to grant the same health benefit coverage currently provided to other state

employees to teachers who have worked a full school year.

5

HB 1861 PTA Parental Involvement/Dropout Prev. Funds (Reps. Lucas, Yongue,

Glazier, Tarleton)

An Act to appropriate funds for the North Carolina PTA Parent Involvement/Dropout

Prevention Initiative.

HB 1862 Funding Flex. Pilot Prog. /Lee County Schools (Rep. Love)

An Act to establish a School Funding Flexibility Pilot Program for Lee County Schools.

HB 1864 (SB 1253) No High School Graduation Proj. Required (Reps. Cole,

Crawford, Love, Bryant) An Act removing the high school graduation project as a

requirement for graduation.

HB 1875 (SB 1248) Early Identif. & Interv. For At-Risk Students (Rep. Parmon)

An Act to require local school administrative units to identify students at risk of academic

failure and not successfully progressing toward graduation no later than the fourth grade

and to provide personal education plans for those students, and to require local school

administrative units to report annually to the State Board of Education on the strategies

and success of focused intervention for those students, as recommended by the Joint

Legislative Commission on Dropout Prevention and High School Graduation.

HB 1876 (SB 1247) Amend Dropout Prevention Grants (Rep. Parmon)

An Act to amend the criteria used by the Committee on Dropout Prevention to award the

dropout prevention grants, to direct the Committee On Dropout Prevention to use

evaluations from prior grant cycles to identify evidence-based programmatic elements

that are effective and replicable, and to allocate funds to study high schools that have

significantly reduced their dropout rate to identify programs that merit replication and

assess the progress of programs that are no longer receiving dropout prevention grants, as

recommended by the Joint Legislative Commission on Dropout Prevention and High

School Graduation.

HB 1877 (SB 1246) Four-Year Cohort Graduation Rate (Rep. Parmon)

An Act to direct the State Board of Education to develop a growth model for establishing

short-term annual goals for improving the four-year cohort graduation rate, and to

establish a long-term goal of increasing the statewide four-year cohort graduation rate.

HB 1878 (SB 1250) Communities in Schools Funds (Rep. Parmon)

An Act to appropriate funds for Communities in Schools of North Carolina, Inc.,

programs and services and to place no fewer than one hundred graduation coaches in

either middle or high schools, as recommended by the Joint Legislative Commission on

Dropout Prevention and High School Graduation.

HB 1879 (SB 1249) Study Raising Compulsory Attendance (Rep. Parmon)

An Act to direct the State Board of Education to establish a Blue Ribbon Task Force to

study the impacts of raising the compulsory attendance age for public school attendance

prior to completion of a high school diploma from sixteen to seventeen or eighteen, as

recommended by the Joint Legislative Commission on Dropout Prevention and High

School Graduation.

6

HB 1896 School Calendar Flexibility/Inclement Weather (Rep. Guice)

An Act to give flexibility to make up instructional days missed due to inclement weather

during the 2009-2010 school year to the local school administrative unit located in

Transylvania County.

HB 1898 Universal Childhood Vaccine Program (Rep. England)

An Act pertaining to the universal childhood immunization program; to establish the

North Carolina childhood vaccine association; to provide for assessment of health

insurers for the purchase, storage, distribution, and quality assurance of certain vaccines;

and to establish the childhood immunization account, as recommended by the Public

Health Study Commission.

HB 1899 (SB 1266) Funds For School-Based Health Centers (Rep. England)

An Act to appropriate funds for school-based and school-linked adolescent health care

centers, as recommended by the Public Health Study Commission.

HB 1904 (SB 1286) Screen And Reduce BMI Levels in Children (Reps. England,

Hughes, Weiss, Yongue)

An Act to require the Department Of Health and Human Services to explore ways to

implement body mass index screening for certain children who are at risk of becoming

obese and to reduce body mass index levels for all children, as recommended by the

Legislative Task Force on Childhood Obesity.

HB 1917 (SB 1339) National School Lunch Program/Funds (Reps. Howard, Insko,

McLawhorn)

An Act to require the Department of Public Instruction to use a specified amount of child

nutrition program funds as required state matching funds for meals under the national

school lunch program, as recommended by the Legislative Task Force on Childhood

Obesity.

SB 1198 (SB 1699) Education Cabinet Est. Stem Priority (Rep. Swindell)

An Act to direct the Education Cabinet to set as a priority an increase in the number of

postsecondary credentials in the fields of science, technology, engineering, and

mathematics and to support efforts to achieve that priority, as recommended by the Joint

Legislative Joining our Businesses and Schools (JOBS) Study Commission.

SB 1199 (HB 1724) NC Biotechnology and Agriscience School (Rep. Swindell)

An Act to create the North Carolina School of Biotechnology and Agriscience to be

located at the Vernon G. James Research and Extension Center, as recommended by the

Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission.

SB 1200 (HB 1718) Jobs Commission Pilot Schools (Rep. Swindell)

An Act to provide funds for planning and funding of pilot programs recommended by the

Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission.

7

SB 1201 (HB 1719) Add’l Flex. /Coop. Innovative High Schools (Rep. Swindell)

An Act to provide additional operating flexibility to cooperative innovative high schools,

as recommended by the Joint Legislative Joining Our Businesses and Schools (JOBS)

Study Commission.

SB 1202 (HB 1700) Career Acad. As Coop. Innov. High School (Rep. Swindell)

An Act to expand models of cooperative innovative high school programs to include fiveyear

career academies within existing schools and to require that career academies

approved as cooperative innovative high schools not receive a separate school code and

that records be maintained for students enrolled in the career academies, as recommended

by the Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission.

SB 1210 Increase Licensure Fees/Athletic Trainers (Rep. Cole)

An Act authorizing the North Carolina Board of Athletic Trainer Examiners to increase

licensure fees under the Athletic Trainers Licensing Act.

SB 1213 (HB 1851) Amend State Purchases and Contracts Laws (Rep. Clodfelter)

An Act increasing the authority of the Secretary of Administration to provide oversight of

the review and award of contracts and to enhance the efficiency and effectiveness of the

contracts process, requiring all state agencies and institutions exempt from Article of

Chapter 143 of the general statutes to comply with certain requirements regarding the

review and award of contracts, requiring the attorney general to review certain contracts,

and prohibiting the use of cost plus percentage of cost contracts, as recommended by the

Joint Legislative Program Evaluation Oversight Committee.

SB 1227 (HB 1848) Lift Charter Cap/Lunch Requirements (Rep. Jones)

An Act to raise the cap on the number of charter schools from 100 to 106; to give

preference to schools in certain low wealth counties; to require new charter schools to

provide a free and reduced price lunch program; and to require each new charter school

to accept a minimum number of students eligible for the free and reduced price lunch

program, as recommended by the Joint Legislative Study Commission on Poverty

Reduction and Economic Recovery.

SB 1228 (HB 1850) Parenthood/Financial Education (Rep. Jones)

An Act to require the inclusion of personal finance and parenthood training in North

Carolina’s middle-school curriculum, as recommended by the Joint Legislative Study

Commission on Poverty Reduction and Economic Recovery.

SB 1230 (HB 1843) Second Tarheel Challenge Academy (Rep. Jones)

An Act to direct the Department of Public Instruction to assist the National Guard in

establishing a second Tarheel Challenge Academy in Badin, as recommended by the

Joint Legislative Study Commission on Poverty Reduction and Economic Recovery.

8

SB 1244 (HB 1826) SBOE Members Ex Officio to Econ. Dev. Comm (Rep. Swindell)

An Act to add State Board of Education Members as nonvoting ex officio members of the

commission for each of the seven economic development regions, as recommended by

The Joint Legislative Joining Our Businesses and Schools (JOBS) Study Commission.

SB 1246 (HB 1877) Four-Year Cohort Graduation Rate (Rep. Davis)

An Act to direct the State Board of Education to develop a growth model for establishing

short-term annual goals for improving the four-year cohort graduation rate, and to

establish a long-term goal of increasing the statewide four-year cohort graduation rate.

SB 1247 (HB 1876) Amend Dropout Prevention Grants (Rep. Davis)

An Act to amend the criteria used by the Committee on Dropout Prevention to award the

dropout prevention grants, to direct the Committee on Dropout Prevention to use

evaluations from prior grant cycles to identify evidence-based programmatic elements

that are effective and replicable, and to allocate funds to study high schools that have

significantly reduced their dropout rate to identify programs that merit replication and

assess the progress of programs that are no longer receiving dropout prevention grants, as

recommended by the Joint Legislative Commission on Dropout Prevention and High

School Graduation.

SB 1248 (HB 1875) Early Identif. & Interv. For At-Risk Students (Rep. Davis)

An Act to require local school administrative units to identify students at risk of academic

failure and not successfully progressing toward graduation no later than the fourth grade

and to provide personal education plans for those students, and to require local school

administrative units to report annually to the State Board of Education on the strategies

and success of focused intervention for those students, as recommended by the Joint

Legislative Commission on Dropout Prevention and High School Graduation.

SB 1249 (HB 1879) Study Raising Compulsory Attendance Age (Rep. Davis)

An Act to direct the State Board of Education to establish a blue ribbon task force to

study the impacts of raising the compulsory attendance age for public school attendance

prior to completion of a high school diploma from sixteen to seventeen or eighteen, as

recommended by the Joint Legislative Commission on Dropout Prevention and High

School Graduation.

SB 1250 (HB 1878) Communities in Schools Funds (Rep. Davis)

An Act to appropriate funds for Communities in Schools of North Carolina, Inc.,

programs and services and to place no fewer than one hundred graduation coaches in

either middle or high schools, as recommended by the Joint Legislative Commission on

Dropout Prevention and High School Graduation.

SB 1251 (HB 1853) State Health Plan/Treat Teachers Equitably (Rep. Blue)

An Act to grant the same health benefit coverage currently provided to other state

employees to teachers who have worked a full school year.

SB 1253 (HB 1864) No High School Graduation Proj. Required (Rep. Stevens)

An Act removing the high school graduation project as a requirement for graduation.

9

SB 1256 (HB 1778) Brevard Academy/Retirement Election (Rep. Snow)

An Act to authorize Brevard Academy, an existing charter school, to elect to participate

in the Teachers’ and State Employees’ Retirement System and the State Health Plan for

Teachers and State Employees.

SB 1264 (HB 1772) Cherokee School Board Terms (Rep. Snow)

An Act to change the term of office for members of the Cherokee County Board of

Education elected in 2010 and thereafter from six years to four years.

SB 1265 (HB 1897) Treatment of Autism Disorders (Rep. Purcell)

An Act to require health benefit plans, including the State Health Plan for Teachers and

State Employees, to provide coverage for treatment of autism spectrum disorders as

recommended by the Joint Study Committee on Autism Spectrum Disorder and Public

Safety.

SB 1266 (HB 1899) Funds for School-Based Health Centers (Rep. Purcell)

An Act to appropriate funds for school-based and school-linked adolescent health care

centers, as recommended by the public health study commission.

SB 1284 (HB 1832) Farm to School Program/Funds (Rep. Purcell)

An Act to establish an employee position in the Department of Agriculture dedicated to

administration and operation of the Farm to School Program and to require the

department to report annually on the program, as recommended by the Legislative Task

Force on Childhood Obesity.

SB 1285 (HB 1774) Eliminate Reduced Price School Meals/Funds (Rep. Purcell)

An Act to appropriate funds to the Department of Public Instruction to eliminate the cost

of reduced price lunches for school children who qualify for reduced price meals, as

recommended by the Legislative Task Force on Childhood Obesity.

SB 1286 (HB 1904) Screen And Reduce BMI Levels in Children (Rep. Purcell)

An Act to require the Department of Health and Human Services to explore ways to

implement body mass index screening for certain children who are at risk of becoming

obese and to reduce body mass index levels for all children, as recommended by the

Legislative Task Force on Childhood Obesity.

SB 1287 (HB 1726) Improve Child Care Nutrition/Activity Stnds (Rep. Purcell)

An Act to require the Child Care Commission, in consultation with the Division of Child

Development of the Department of Health and Human Services, to develop improved

nutrition standards for child care facilities, and to direct the Division of Child

Development to study and recommend guidelines for increased levels of physical activity

in child care facilities, as recommended by the Legislative Task Force on Childhood

Obesity.

STATE BOARD OF EDUCATION | Chris Minard, Legislative Liaison | cminard@dpi.state.nc.us

6302 Mail Service Center, Raleigh, North Carolina 27699-6302 | (919) 807-4035 | Fax (919) 807-3198

AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER

SB 1289 (HB 1756) Update Statewide Nutrition Standards (Rep. Purcell)

An Act directing the State Board of Education to update statewide nutrition standards for

food and beverages available in public elementary, middle and high schools, as

recommended by the Legislative Task Force on Childhood Obesity.

SB 1296 (HB 1757) Physical Education and Activity in School (Rep. Dannelly)

An Act to require public schools to use evidence-based fitness testing for students

statewide in grades K through 8, as recommended by the Legislative Task Force on

Childhood Obesity.

SB 1307 (HB 1890) Modify MHDDSAS Reporting Requirements (Rep. Nesbitt)

An Act to modify reporting requirements pertaining to mental health, developmental

disabilities, and substance abuse services, as recommended by the Joint Legislative

Oversight Committee on Mental Health, Developmental Disabilities, and Substance

Abuse Services.

SB 1328 (HB 1815) North Carolina Science Olympiad Funds (Rep. Dickson)

An Act to appropriate funds to expand the North Carolina Science Olympiad to all one

hundred counties.

SB 1339 (HB 1917) National School Lunch Program/Funds (Rep. Purcell)

An Act to require the Department of Public Instruction to use a specified amount of child

nutrition program funds as required state matching funds for meals under the national

school lunch program, as recommended by the Legislative Task Force on Childhood

Obesity.

The following bills have been calendared in committees next week:

HB 1682 Ban Corporal Punishment for Children with Disabilities

HB 1683 Amend Sunset/Children with Disabilities

HB 1700 Career Academy as Cooperative Innovative High School

HB 1756 Update Statewide Nutrition Standards

HB 1757 Physical Education and Activity in Schools

SB 1151 Supplemental Nutrition Assistance Program

SB 1152 Study Child Nutrition Program

SB 1153 Legislative Task Force on Childhood Obesity

CJPC Legislative Update

C    A    R    O    L     I    N    A

JUSTICE POLICY CENTER

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Criminal Justice Policy Brief

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SENATE BUDGET MOVES AHEAD

No More Fat to Cut   

Senate budget leaders released their budget this week and are on track to enact a final budget by May 20.  The general opinion among legislators is that

Budget Cuts

there is no fat left to cut and they are now cutting bone.  These are not cuts that most legislators WANT to take, but without an increase in revenue or dramatic changes in the way services are delivered, there is little choice but to cut, cut, cut.

No department has been left untouched and many have expressed doubts about their ability to provide adequate services with the cuts they are facing. 

Governor and Legislature: Different Approaches to Cuts

The Governor and the Senate have taken a different approach to imposing painful budget cuts.  The Governor has relied more heavily on  MANAGEMENT RESERVES to achieve her cuts.  These are very significant budget cuts wilthin agencies (Courts – $6.6 mil; Correction – $15 mil)  that would be taken as the year moves along.  Some of them can be taken in the form of lapsed salaries as the year progresses.  Nearly every agency has some percentage of employees who transition during the year and while those positions are open, they provide additional funds that are available to the Department.

The legislature is generally more interested in making its own decisions about where the budget will be than in leaving those cuts up to the agencies.  That’s what the Senate has done in many of this week’s budget decisions.  In the case of the Courts, though, the Senate imposed both a management reserve and specific program cuts.

BUDGET THEMES

As you look across state agencies, you can find recurrent themes in the manner in which the cuts have been taken. These themes help in understanding the overall budget. They include: 

Positions  – Positions that are currently vacant have been eliminated across state agencies in the Courts (2.7 mil);  Justice ($390,000);  Juvenile Justice (1.1 mil) and Crime Control ($560,000) as a way to make cuts without laying off personnel.  Of course, many vacant positions were eliminated last year, so there’s not as many left to take.  

In theDepartment of Correction, 11 Division of Prison administrative positions, 4 in-prison out-patient treatment positions, and 2 Division of Community Corrections positions totaling $1 million were eliminated or consolidated within Corrections. 

Indigent Defense Services has very few actual positions but the Senate continued the  theme by taking a $5.75 million cut to the private assigned counsel fund. These are not vacant positions, however, and without additional funds,  IDS is nearly certain to have unpaid bills at the end of the 2010-2011 fiscal year.   On the positive side, the individual attorney appointment fee was raised from $50 to $60.

Operating Reductions – Operating budgets have been reduced in all agencies.

Equipment Reductions -Technology Services and Equipment were reduced in the AOC ($2.6 mil); Justice ($400,000); and Correction ($300,000): Crime Control – ($400,000)

Programs Funded as Pass Throughs  all across state government   were reduced by an additional 5% on top of last year’s reductions.  In the Justice and Public Safety area, many of these are excellent community-based programs that already took from 5% to 15% cuts last year.  Several of the programs were completely eliminated in the Governor’s budget.  Unfortunately, when programs are not direct staff members of a state agency they are sometimes viewed as more expendable.

Justice and Public Safety programs in this item include: Dispute Settlement Centers; NC Bar – Civil Justice Funds; Center for Death Penalty Litigation; Financial Protection Law Center; Harriot’s House; NC Prisoner Legal Services; NC Leaf ; Our Children’s Place; Project Challenge; Summit House; Women at Risk.

NC VAN, also a pass through, did not receive a 5% cut.

FEES – $13 million in fees were added in the Senate budget.  Of these fees, $10 million were used to restore the cut to approximately 60 Victim/ Witness assistant positions within the DAs office.   Of the 11 fee increases, several affect defendants who may have a difficult time paying.  There are $10 increases in the supervision fee and the attorney appointment fee.  There is a $75 increase in the community service fee.

SPECIFIC CUTS/ EXPANSION ITEMS

DA’s Association – $100,000 cut

Medicaid Fraud Criminal Investigation Team – There have been instances of medicaid fraud and the Governor and the Senate are both adding funds to the investigation team in the Department of Justice. 

Felony Arrestee DNA – the Senate did not include funds to obtain a DNA sample on every felony arrestee.

JUVENILES

The Youth Detention Center (YDC) populations are down 70% since 1999 and down 365 from last year.  This decreased the YDC budget by $2.5 million.

BRIDGES – This forest fire fighting program designed around juvenile offenders was in a continuation review status and fortunately, it has been fully restored.

Juvenile Assessment Center – The juvenile assessment center in Fayetteville will be eliminated.

Samarkind Youth Detention Center – The Governor’s budget restored the Samarkind YDC.  The Senate budget did not.  Expect further discussions in this area

as the budget moves to the House.  

MENTAL HEALTH

Service Dollars Restored – $40 million that was taken from services in the mental health budget last year has been restored.  This is great news.

New Division Director – On a non-budget note, John Tote, the former head of the Mental Health Association for many years, has just been appointed as the head of the Division of Mental Health/Developmental Disabilities/ Substance Abuse Services.  We expect John will do a terrific job and are excited about his appointment.

PRISONS/PROBATION

Adult Prison Population – The population, while still above capacity is significantly down from projected levels for June, 2010.  This decrease yields a $39.1 million reduction in Corrections.  This is the biggest total reduction amount in the JPS subcommittee budget.

Central Prison Hospital and Mental Health Facility  and Women’s Prison – $11.1 million will be held in reserve for new positions for these facilities.  They are scheduled to open in October. 

DOC will be ADDING 781 NEW positions to staff these hospitals.

Clothing – The clothing budget was reduced by $500,000 as it was in the Governor’s budget.

Inmate Medical Costs – Corrections hopes to save $20.5 million by moving to a medicaid fee schedule.  Medical costs are one of the biggest budget items within corrections.

Prisoner Education  – The prisoner education program was in a continuation review status and HASis continued in the Senate budget and the Governor’s budget.  Unfortunately, though, it will be cut by $12 million and services will no longer be available in jails or in federal facilities.

Probation Pay Grade Increase – The Senate did not include the pay grade increase, presumably because this is a year in which NO state employees are receiving increases.  Teachers aren’t even receiving STEP increases.  This item remains a high priority for the Governor.

Probation – The Senate requires the Division of Community Corrections to develop a pilot plan for the "privatization of probation services."  This would allow fee-based supervision for low-risk offenders by private entities. 

Reduce Drug Testing Frequency – Drug testing will be reduced from 15% to 10%.

COMMUNITY-BASED PROGRAMS

Cross Area Service Fund -  This fund provides treatment dollars for programs that provide services across county lines.  It appears to be intact in the Senate budget. 

Drug Treatment Court – No changes have been made to the Drug Treatment Courts and none are anticipated unless reductions are made as part of the management flexibility reduction described above.

Criminal Justice Partnership Program – $1.1 million was taken from the CJPP discretionary fund.  This was a one time cut and does not affect the recurrning funds distributed to the counties.

Sentencing Services  – Sentencing Services had an excellent continuation review and has been restored in the Senate budget.  This program helps the state save money by using evidence-based practices to provide the Court with appropriate community placements for individuals facing prison sentences.  This program also provides case management prior to sentencing.

Womens’ Programs – Important women’s programs were eliminated in the Governor’s budget and they have been restored in the Senate Budget.  They are Women at Risk, Summit House, Harriet’s House and Our Children’s Place.  They will each receive a 5% cut.

VICTIMS

Victim’s Compensation Fund – This fund was reduced  by $1.3 mil by both the Governor and the Senate to reflect ACTUAL expenditure levels. 

Click Here to Link to the Budget.

RACIAL JUSTICE ACT UPDATE

RJA_Gov

The Racial Justice Act (RJA) was signed into law in August of 2009 to take concrete steps to reduce – if not eliminate – racial bias in the application of the death penalty. The law allows defendants to present statistical data of racial bias in their county, district, or across the state of North Carolina. It applies to current capital case proceedings and individuals already sentenced to death.

Defendants have up to one year to file their motions under RJA and the deadline (August 2010) is quickly approaching. Recently, there has been an effort by RJA opponents to amend the law. Just last week, opposition leaders held a press conference to announce their intentions to offer an amendment that would restrict RJA to be used only in the appeals process after the court has imposed a death sentence.

Supporters of RJA, such as Sen. Floyd McKissick and Rep. Rick Glazier contend, the law must be given time to work. Rep. Glazier also state "…I don’t think we ought to make law for the entire state based on one case."  At this juncture, it appears unlikely that an amendment will gain any traction in the short session. With the state facing an $800 million dollar deficit, lawmakers will be focused on making major adjustments and program cuts to balance the budget.

THANK LEGISLATORS WHO VOTED YES ON THE RJA IN 2009.

Mental Illness and the Death Penalty

Executing the severely mentally ill has long been an issue of concern for criminal justice advocates and healthcare professionals in the state of North Carolina. Advocates hope to address this concern in the 2010 short session.  A bill introduced by Rep. Verla Insko – D, Orange and Sen. Ellie Kinnaird – D, Orange and Person, is making an effort to safeguard against the execution of severely mentally ill defendants sentenced to death.  This legislation will not allow prosecutors to seek the death penalty if the defendant can prove at the time of the crime that he or she suffered from a severe mental illness. 

Kris Parks, an attorney with Disability Rights North Carolina, discussed the importance of the mental illness bill recently.  "Less than one percent of people who commit murder in North Carolina are sentenced to death. This bill helps to ensure that a person with a severe mental illness at the time of the crime is not in that top one percent who receives the harshest punishment our system administers.  

We remain optimistic that NC  will continue to make progress on this very important issue during this legislative session. 

Community Education

If you belong to a group that is interested in a local presentation about the Racial Justice Act and death penalty reforms, please contact us.  We’ll do our best to get information to you or make a presentation in your area.

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   May19, 2010

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In This Issue

Senate Budget Moves Ahead

Racial Justice Act

Mental Illness & the Death Penalty

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May 24, 2010

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Handcuffed Man

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Pew’s 1 in 31 The Long Reach of American Corrections

Cutting Correction Costs

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Probation & Parole Violations, State Responses

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